Religious Schools and Discrimination

[JoeyKnothead]

From the article here: LA Times - Religious schools and discrimination
Page 2 of that article here: Page 2

>some quote mining for brevity<

An appeals panel finds California Lutheran High School in Riverside County is not a business and therefore doesn't have to comply with a state law barring discrimination based on sexual orientation...

After a Lutheran school expelled two 16-year-old girls for having "a bond of intimacy" that was "characteristic of a lesbian relationship," the girls sued, contending the school had violated a state anti-discrimination law...

In response to that suit, an appeals court decided this week that the private religious school was not a business and therefore did not have to comply with a state law that prohibits businesses from discriminating...

Kirk D. Hanson, who represented the girls, said the "very troubling" ruling would permit private schools to discriminate against anyone, as long as the schools used their religious beliefs as justification.

"It is almost like it could roll back 20 to 30 years of progress we have made in this area," said the San Diego attorney. "Basically, this decision gives private schools the license to discriminate."

John McKay, who represented the Riverside County-based California Lutheran High School, said the ruling correctly acknowledged that the school's purpose was to "teach Christian values in a Christian setting pursuant to a Christian code of conduct."...

In ruling in favor of the school, the appeals court cited a 1998 California Supreme Court decision that said the Boy Scouts of America was a social organization, not a business establishment, and therefore did not have to comply with the Unruh Civil Rights Act. That case also involved a discrimination complaint based on sexual orientation.

"The school's religious message is inextricably intertwined with its secular functions," wrote Justice Betty A. Richli for the appeals court. "The whole purpose of sending one's child to a religious school is to ensure that he or she learns even secular subjects within a religious framework."...

Shannon Price Minter, legal director of the National Center for Lesbian Rights, said the ruling was based on "the particular circumstances of this school."

"Labeling a young person or telling her she is 'sinful' can be psychologically devastating," Minter said. "Regardless of one's religious beliefs, all adults have a responsibility to treat young people with compassion and respect."

School officials could not be reached for comment...

Question for debate (can we leave open potential questions or topics from posters?):

Should discrimination be allowed in any setting?
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My initial response is that discrimination should never be allowed, but then we seem to get into a gray area where a school is set up to instruct folks in "moral" behavior. Here I wonder if the religious school's "message" should outweigh the rights to non-discrimination.

[cnorman18]

I would say that it depends on the kind of discrimination being applied.

I taught at a private Jewish school for some years, and one requirement for all students was that they be Jewish. Whether or not that constituted "discrimination" was moot, since no non-Jewish students ever applied. One wonders why any would.

The school did have black, Asian, and even Latino students - but they were all Jewish.

That standard did not apply to teachers and staff; most of the teachers were not Jewish. Again, among the teachers and staff were blacks, Asians, Latinos, and even two homosexuals.

Some kinds of discrimination make sense. Others do not.

Before anyone asks, "Messianic" Jews would not have been allowed to register, either. I actually asked an administrator about that, and her reply was, "Well, none have ever applied; but no, they wouldn't be allowed to go to school here." the reason is simple enough. "Messianic Jews" are Christians.

[kayky]

I think the court made the right decision if this school is completely private (as in receiving no government funding of any kind). Such a school should have the right to set standards for their student body based on their relgious beliefs.

I'm sure this was a negative experience for the two girls involved. But I can't help but think that they would have undergone worse damage had they remained in that setting.

This is why I cannot understand why many conservative Christians favor a voucher system. The minute that government money goes into any particular school, they are bound by non-discrimination laws. This would defeat the purpose of many Christian schools, I would think.

I was listening to CNN this morning and heard the report that Liberty University (founded by Jerry Falwell) has banned all democratic groups or clubs because they say the democratic party is pro-abortion, pro-gay marriage, and socialist.

[McCulloch]

Should discrimination be allowed in any setting?

My initial response is that discrimination should never be allowed, but then we seem to get into a gray area where a school is set up to instruct folks in "moral" behavior. Here I wonder if the religious school's "message" should outweigh the rights to non-discrimination.

If there is a legal requirement that children under a certain age must attend school and the school in question is attempting to address that requirement, then the state has an interest in how that school operates. This would include meeting the societal norms regarding the protection of human rights.

[Homicidal_Cherry53]

Should discrimination be allowed in any setting?

Yes, it should. If I choose not to allow felons into my home, I am discriminating against anyone who committed a felony, but it is my house, and my property that I paid for. Therefore, I should be allowed to choose who is allowed on it and who isn't and use whatever criteria I wish to make this choice. This is obviously an extreme example, and cannot be entirely applied to a school that is privately owned, but still has to meet certain government standards regarding the quality and type of the education provided, but the principal is the same. This school is privately owned and maintained, and therefore gets to choose who goes to the school, based on whatever criteria they choose. These girls are merely being told that they do not meet the criteria that was chosen. It is essentially the same as someone being kicked out of a private school for failing grades.

[OnceConvinced]

"Labeling a young person or telling her she is 'sinful' can be psychologically devastating,"

This really stood out to me and really it is so true. It is true when it comes to many of the things that are just part of the human nature we are born with. Condemning kids for being what they are just leads to low self esteem and feelings of worthlessness.